Smiley v. National Fire Insurance

This is an appeal by permission from an order of compulsory reference.

SDC 33.1502(1) provides 'that the court, of its own motion, or upon application of either party, without the -consent of the other, may direct a reference “when the trial of an issue of fact requires the examination of a long account on either side”.

Plaintiffs 'brought this action to recover damages for the breach of a contract for the Construction o-f an addition to their residence. The breach alleged in the complaint is that defendant Alex W. Eindl-ay failed to perform thie contract in accordance with its terms and…